HARYANA WAQF BOARD Vs. MURTI DEVI AND OTHERS

JUDGEMENT

(1.) The civil revision is by the Waqf Board which filed a petition before the Tribunal for ejectment of the property held by the respondent in Khasra No.6817 claiming that the defendants have encroached upon the property and had put up construction over the same without any authority. The petition was resisted on the ground that the defendants have prescribed title by adverse possession and the petition was time barred and that it was Shamlat Deh vested with the Panchayat and is not Waqf to which the provision of the Act will be applicable. The basic objection was the property as Waqf had not been established. The Tribunal accepted the defence and dismissed the petition. Hence, the revision.

(2.) On the claim that the dedication has not been established, the petitioner would make reference to the fact that the property had been notified in the Government of India Gazette on 06.05.1978 reiterating the notification earlier made on 17.04.1971 that the property in Khasra No.6817 of an area of 25 Bighas 17 Biswas had been set apart as grave yard. In response, in support of the judgment of the Tribunal, there was no instrument of dedication and further reference is made to two judgments of this Court in Mahant Hari Gir Chela Baba Nihal Gir Chela Bankandhi Gir Vs. Punjab Wakf Board, 2009 3 RCR(Civ) 265 and Punjab Wakf Board Vs. Nagar Panchayat Shahkot, 2011 2 RCR(Civ) 243. A mere reference to the property as having been dedicated as Waqf will not prove the property as Waqf. The property which is shown as Waqf, requires a permanent dedication to be made for a purpose which is pious and recognized by Muslim Law as such.

(3.) There are ample authorities to the fact that the property dedicated for a grave yard shall be treated as Waqf property. Chapter II of the Waqf Act, 1954 contained provisions relating to inspection and survey of properties and contained the detailed procedure and how a report shall be made as regards the nature of use before a publication was effected. Chapter II of the Waqf Act, 1954 is reproduced as under :- "4.Preliminary survey of wakfs. (1) The State Government may, by notification in the Official Gazette, appoint for the State a Survey Commissioner of Wakfs and as many additional or assistant Survey Commissioners of wakfs as may be necessary for the purpose of making a survey of wakf properties existing in the State at the date of the commencement of this Act.